Ruling on distributing wealth to heirs during one's lifetime
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Is it permissible for a person to distribute his wealth to his heirs while he is still alive?
We say: This is foolishness in judgment; because if he distributes it while he is alive, does he know that those to whom he distributed are the ones who will remain after him? Is it not possible that they might die before him? So how can he distribute to them?Second: If he distributes it to them, and they are among those from whom he cannot take back his gift, such as brothers for example, and then he needs it, whether his need arises or not?Meaning: Is it possible that they would need something from their inheritance?The questioner: It is possible that they would need it.
The Shaykh: After he has distributed it now, what remains with him is nothing. Is it possible that he would need it or not?The questioner: It is possible that he will need it.
The Shaykh: And if he needs it and the money is with others, he remains poor. For this reason, we say: this is foolishness. Wait for death, and Allah makes the ending good. What comes to you today may come to you tomorrow.
The questioner: He says: I am old, so I will distribute it?The Shaykh: A mistake.
Allah (Mighty and Majestic) said: [al-Nisa:12] So He made the division to occur after his passing, and a person does not pass away except when he leaves this world by death. At that time, the division takes place.
And as I told you: First: He does not know whether these people will die before him, or whether he will die before them.
And secondly: He does not know; perhaps he will need it in the future. If this old man is struck by an illness that requires thousands of dirhams, where will he get them from? So I advise you not to distribute to them. Wait, you do not know what will happen after that.
We say: This is foolishness in judgment; because if he distributes it while he is alive, does he know that those to whom he distributed are the ones who will remain after him? Is it not possible that they might die before him? So how can he distribute to them?Second: If he distributes it to them, and they are among those from whom he cannot take back his gift, such as brothers for example, and then he needs it, whether his need arises or not?Meaning: Is it possible that they would need something from their inheritance?The questioner: It is possible that they would need it.
The Shaykh: After he has distributed it now, what remains with him is nothing. Is it possible that he would need it or not?The questioner: It is possible that he will need it.
The Shaykh: And if he needs it and the money is with others, he remains poor. For this reason, we say: this is foolishness. Wait for death, and Allah makes the ending good. What comes to you today may come to you tomorrow.
The questioner: He says: I am old, so I will distribute it?The Shaykh: A mistake.
Allah (Mighty and Majestic) said:
And for you is half of what your wives leave
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْAnd as I told you: First: He does not know whether these people will die before him, or whether he will die before them.
And secondly: He does not know; perhaps he will need it in the future. If this old man is struck by an illness that requires thousands of dirhams, where will he get them from? So I advise you not to distribute to them. Wait, you do not know what will happen after that.